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WAMBHEIM v. J. C. PENNEY CO., INC.

No. 79-3306.

642 F.2d 362 (1981)

Frances WAMBHEIM, individually and on behalf of all women similarly situated, Plaintiff-Appellant, and Catherine Heggelund, individually and on behalf of all women similarly situated, Plaintiff in Intervention and Appellant, v. J. C. PENNEY COMPANY, INC., Defendant and Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 20, 1981.

Attorney(s) appearing for the Case

Vella M. Fink, Washington, D. C., Bonjour, Gough, Stone & Remer, Hayward, Cal., on brief; Deborah Reik, Washington, D.C., Kerry M. Gough, Hayward, Cal., argued, for plaintiff-appellant.

Don T. Hibner, Jr., Los Angeles, Cal., on brief; David W. Farrar, Sheppard, Mullin, Richter & Hampton, Los Angeles, Cal., argued, for defendant and appellee.

Before FARRIS and FERGUSON, Circuit Judges, and CRAIG, District Judge.

FERGUSON, Circuit Judge:

Plaintiffs Frances Wambheim and Catherine Heggelund brought a class action under Fed.R.Civ.P. 23 alleging that two policies of J.C. Penney Co. violate Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e,1 and the Equal Pay Act of 1963, 29 U.S.C. § 206(d). Penney's medical insurance plan includes a head-of-household rule which permits the spouse of an employee to receive medical and dental benefits...

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